CLIENT PORTAL

SERVICE RESTRICTIONS

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1. Orina Kafe Digital Art & Cover Design (briefly Orina Kafe) does not provide any kind of service free of charge. Each commercial project comes with a payment that will be agreed upon between the client and Orina Kafe prior to starting the project.

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2. Orina Kafe retains the right to decline projects of pornographic, offensive or political nature.

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CONFIDENTIALITY

 

3. All client information and materials are considered confidential and will only be used by Orina Kafe to provide a quote or complete a project. Client information and project materials will not be shared with any third party, unless the client requests otherwise.

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4. The client agrees not to publish any project material to the public before the full payment is paid. The client can share draft materials with friends and family in order to receive feedback if he/she wishes, but in no case should said draft materials be posted on the web.

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LICENSE AND OWNERSHIP RIGHTS

 

5. Upon receipt of full payment, Orina Kafe grants the client the exclusive license to use the final file(s) for the specific project agreed upon and associated promotional materials.

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6. The client agrees to abide by the terms of any license agreement for any images purchased by Orina Kafe through a third-party image provider for use in client’s project.

• The cost of the service provided by Orina Kafe includes the license to use images bought via Depositphotos and is limited to a print run of 500,000 units. For a print run over 500.000 the client is responsible to buy an extended license, as stated in the Depositphotos License.

• Materials from stock image providers other than Depositphotos are not included in the cost. The usage of such materials will take place upon agreement between the client and Orina Kafe and the total cost of said materials will be paid by the client.

 

7. If the client supplies Orina Kafe with materials subject to intellectual property rights by a third-party, the client will secure the appropriate rights to use the materials before directing the designer to incorporate them into his/her project. Should any intellectual property dispute arise involving materials the client provides, the client assumes full legal and financial responsibility.

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8. The client has no right to alter the final file(s) in any way except to change size for printing or digital display. If the client desires any alterations, he/she will contact Orina Kafe. Additional payments may be required to make these alterations.

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9. Orina Kafe retains copyright and ownership of all design and draft materials. Additionally, Orina Kafe retains the right to use the client’s final file(s) and name in Orina Kafe’s portfolio and to market and promote Orina Kafe’s services.

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PROOFING

 

10. In the case the project includes final file(s) that are printable, the client is fully responsible for proofing the file(s) provided by Orina Kafe. It is strongly suggested that client requests a proof from the printer before publishing or ordering any printable material. At no time will Orina Kafe be held financially or legally responsible for any problems, costs, fees or expenses incurred by client as a result of using the final file(s) provided by Orina Kafe.

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PAYMENT

 

11. Client agrees to pay the total cost upon approval of the final file(s) and prior to the delivery of said file(s). Orina Kafe will not release finished files to the client or other parties until total payment has been received. The payment is also final approval of the project, and this contract will be considered fulfilled and thus, terminated.

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12. Orina Kafe retains the right to discontinue, withhold, or suspend services for any account should payments not be paid for a contracted job in the order specified in this agreement.

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13. Failing to abide by the payment terms of this agreement, will result in Orina Kafe retaining the right to (re)use any draft material as wanted.

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ATTRIBUTION

 

14. By hiring Orina Kafe and using the final file(s), the client agrees to provide credit “[project artwork] designed by Orina Kafe” inside the acknowledgements/copyright section of the project.

 

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CANCELLATION AND REFUND POLICY

 

15. If the client should cancel the project before work has started, neither the client or Orina Kafe is under obligation to the other. If the client should cancel the project after work has started, the client agrees to pay part of the cost, according to the work completed thus far.

 

16. If Orina Kafe should cancel the project before work has started, neither the client or Orina Kafe is under obligation to the other. If Orina Kafe should cancel the project after work has started, any drafts or materials will be provided to the client in order to be used by any other designer the client will choose to continue with.

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17. Upon the completion of full payment and the delivery of the final file(s) there can be no refund whatsoever.

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LIABILITY

 

18. Orina Kafe is not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including loss of revenues or profits, loss of business or reputation, or loss of data, in any way related to our services. Orina Kafe is not responsible for any claim, loss, or injury based on errors or any other inaccuracies appearing on our site or in our clients’ written documents, including without limitation as a result of any breach of the terms and conditions of this agreement.

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ENTIRE AGREEMENT

 

19. These Terms and Conditions constitute the entire agreement between Orina Kafe and the client. No additional promises or conditions will apply, written or oral, unless otherwise specified and confirmed by all parties in hard-copy or e-signature.